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HomeMy WebLinkAboutElection Canvasses - 1983.04.04 - 1366////77 City of * 1 )1 am Birining J 151 Martin Street R a BOA- 3001 BirMinghartI, Mithigan 48012 i.; Aiwa Ode (313) TeleMone 644-1800 11 April 1983 Mr. Lynn D. Allen, County Clerk County of Oakland 1200 North Telegraph Road Pontiac, Michigan 48054 Dear Mr. Allen: Enclosed find two certified copies of a Chatter Amendment approved by the voters of the City of Birmingham at the Regu- lar City Election held April 4, 1983 Also enclosed are two certified copies of a resolution of the Birmingham City Board of Canvassers which determined that the Charter Amendment Proposition was approved. Sip..pertely, Phyllis Armour City Clerk Enclosures Copy: Thomas Linn, Attorney - Miller, Canfield, Paddock and Stone Certified Mail Receipt: P287 196 174 t,7 of Birmingham 1,1 Martin Street - P.O. Box 3001 Birmingham Michigan 48012 April 4, 1983. Amendment as f further certify the vote on the Charter ws: Yes, 1,157 No, 785. 983 Area Code (313) Telephone 644-1800 1, Phyllis Armour, City Clerk of the City of Birmingham, Michi- gan, do hereby certify that the attached is a true and correct copy of a Charter Amendment approved by the electors of the City of Birmingham at a Regular City Election held Monday, Phyllis Armour, City Clerk Dated: April 'CHAPTER X Special Assessments Section 1. The commission shall have the power to determine that the whole or any part of the expense of any public improvement shall be defrayed by special assessments upon the property specially benefitted or which may be specially benefitted in the future and shall so declare by resolution. Such• resolution shall state the estimated cost of the improvement, what proportion of the cost thereof shall be paid by special assessments, and what proportion, if any, shall be a general obligation of the city, the number of installments In which assessments may be paid, and shall designate the districts or land and premises upon which special assessments shall or may be levied. Such resolution may provide that specified development or improvement of property will benefit from a public improvement and establish assessments against such property to be collected if and after such improvement or development of property is undertaken. Section 2. The commission shall prescribe by general ordinance complete special assessment procedure concerning plans and specifications, estimate of costs, the making of the assessment roll and correction of errors, the notice and conduct of hearings on the necessity of a public improvement and the confirmation of the special assessment roll, the collection of and interest to be borne by special assessments and any other matters concerning the making of improvements by the special assessment method. Section 3. From the date of confirmation of any roll levying any special assessment, the full amount of the assessment and all interest thereon shall constitute a lien on the property subject thereto and that amount shall also be a debt of the person to whom assessed until paid and, In case of delinquency, may be collected as delinquent city property taxes. Section 4. No action of any kind may be instituted for the purpose of contesting or enjoining the collection of any special assessment (a) unless, within 30 days after the confirmation of the special assessment roll, written notice is given to the commission indicating an intention to file such an action and stating the grounds on which it is claimed that the assessment is illegal and (b) unless ihat action _shall be commenced within 60 days after the confirmation of the roll. Section 5. Whenever the commission deems any special assessment invalid or defective, or whenever a court adjudges an assessment to be illegal in whole or in part, the commission_may cause a_new assessment to be levied for the same purpose, whether or not the improvement or any part thereof has been completed, or any part of the special assessment collected. In reassessment proceedings hereunder, It shall not be necessary for the commission to redetermine the necessity of the improvement or to hold a hearing thereon. If any portion of the original special assessment is collected and not refunded, it shall be applied upon the reassessment, and the reassessment shall to that extent, be deemed satisfied. If more than the amount reassessed is collected, the balance shall be refunded to the person making such payment. of .13irmingham 151 Martin Street - PO.Bo. r 3001 Birmingham Michigan 48012 Phais Armour, city Clerk Area Cole (313) Telephone 644-1800 1, Phyllis Armour, City Clerk of the City of Birmingham, •Michi- gan, do hereby certify that the attached is a true and correct copy of a Charter Amendment approved by the electors of the City of Birmingham at a Regular City Election held Monday, April 4; 1983. 1 further certify the vote on the Charter Amendment as follows: Yes, 1,157 No, 785. Dated: April 11,•1983 "CHAPTER X Special Assessments Section 1. The commission shall have the power to determine that the whole or any part of the expense of any public improvement shall be defrayed by special assessments upon the property specially benefitted or which may be specially benefitted in the future and shall so declare by resolution. Such resolution shall state the estimated cost of the improvement, what proportion of the cost thereof shall be paid by special assessments, and what proportion, if any, shall be a general obligation of the city, the number of installments in which assessments may be paid, and shall designate the districts or land and premises upon which special assessments shall or may be levied. Such resolution may provide that specified development or improvement of property will benefit from a public improvement and establish assessments against such property to be collected if and after such improvement or development of property is undertaken. Section 2. The commission shall prescribe by general ordinance complete special assessment procedure concerning plans and specifications, estimate of costs, the making of the assessment roll and correction of errors, the notice and conduct of hearings on the necessity of a public improvement and the confirmation of the special assessment roll, the collection of and interest to be borne by special assessments and any other matters concerning the making of improvements by the special assessment method. • Section 3. From the date of confirmation of any roll levying any special assessment, the full amount of the assessment and all interest thereon shall constitute a lien on the property subject thereto and that amount shall also be a debt of the person to whom assessed until paid and, in case of delinquency, may be collected as delinquent city property taxes. Section 4. No action of any kind may be instituted for the purpose of contesting_ or enjoining the collection of any special assessment (a) unless, within 30 days after the confirmation of the special assessment roll, written notice is given to the commission indicating an intention to file such an action and stating the grounds on which it is claimed that the assessment is illegal and (b) unless that action shall be commenced within 60 days after the confirmation of the roll. Section 5. Whenever the commission deems any special assessment invalid or defective, or whenever a court adjudges an assessment to be illegal in whole or in part, the commission may cause_a new assessment_to- be levied for the same purpose, whether or not the improvement or any part thereof has been completed, or any part of the special assessment collected. In reassessment proceedings hereunder, it shall not be necessary for the commission to redetermine the necessity of the improvement or to hold a hearing thereon. If any portion of the original special assessment is collected and not refunded, it shall be applied upon the reassessment, and the reassessment shall to that extent, be deemed satisfied. If more than the amount reassessed is collected, the balance shall be refunded to the person making such payment. Birnzingham 1.52 Martin street - P.O. Box 3001 Birmingham, Michigan•48012 Area Code (313) Telephone 644-1800 1, Phyllis Armour, City Clerk of the City of Birmingham, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Bi-partisan Board of Canvassers of the Eity_of Birmingham, County_of Oakland, Michigan,_at a meeting held April 7, 1983, in the Municipal Building in said city tolcanvass.-Nthe April 4, 1983 City Election. )hyllSs Armour, City Clerk Dated: April 11, 1983 :.:.of Birmingham: .1,51 Martin Street - PO. Bo. r 3001 'Birmingham, Michigan 48012 Area Code (313) Telephone 644-1800 At the meeting of the Bi-partisan Board of Canvassers of the City of Birmingham held in the Municipal Building on the Seventh day of April, 1983, the following resolution was moved and supported: WHEREAS, at an election duly called and held in. the City of Birmingham, County of Oakland, Michigan, on April 4, 1983, between the hours of 7:00 o'clock A.M. and 8:00 o'clock P.M., Eastern Standard Time, the question hereinafter set forth was submitted, and WHEREAS, returns from the voting precincts at said election have been filed with the City Clerk and have been presented to and examined by the Board of Canvassers. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Board . of Canvassers hereby determines that the votes cast at the Regular Municipal Election held-April-4, 1982, on Proposition No, 1 - Charter Amendment - were as follows: Shall Chapter X of the Charter be repealed and a new Chapter X added authorizing the Commission to defray the cost of public improvements in whole or in part by special assessments and to establish detailed special assessment procedures by ordinance? EXPLANATION Said Amendment permits the Commission to defray all or part of the cost of public improvements by assessing specially benefitted property or property which will benefit in the future, provides for establishment of detailed assessment procedures by ordinance, provides a lien on assessed property and provides for Cohtesting assessments and for reassessment if assessments are held invalid. 1,942 1,157 785 TOTAL VOTES CAST VOTES IN FAVOR OF THE PROPOSITION VOTES IN OPPOSITION TO THE PROPOSITION 2. It being determined that a majority of the qualified electors of the City of Birmingham voted in said election having voted in favor of the proposition, it is hereby determined that the foregoing proposition passed. VOTE: Yeas, Edgerly, Kuebler, O'Donnell, Watson Nays, None RESOLUTION DECLARED ADOPTED